Tribal Consultation and Coordination on EPA’s Proposal to Revise the Federal Water Quality Standards Regulation to Protect Tribal Reserved Rights

On November 28, 2022, the EPA Administrator signed a proposed rule to revise the water quality standards (WQS) regulation at 40 CFR part 131 to clarify and prescribe how state and federal WQS must protect aquatic and aquatic-dependent resources reserved to tribes through treaties, statutes, executive orders, or other sources of federal law, in waters where those rights exist. The proposed revisions would create a regulatory framework that would be applied case-specifically to help ensure protection of resources reserved to tribes, such as fish and wild rice.

For more information about the proposed rule, visit Revising the Federal Water Quality Standards Regulations to Protect Tribal Reserved Rights.

EPA conducted tribal engagement and consultation on the concepts reflected in the proposed rule between June and September 2021, prior to drafting the proposed rule. The proposed rule reflects input received through that engagement and consultation. Once the proposed rule was released for public review, EPA invited federally recognized Indian tribes to continue consultation and coordination between November 30, 2022 and February 28, 2023 to inform development of a final rule.

This process was conducted in accordance with the EPA Policy on Consultation and Coordination with Indian Tribes.

Tribes-Only Listening Sessions

EPA held two online listening sessions for tribal leaders and staff on the proposed rule:

  • Thursday, January 5, 2023
  • Tuesday, January 10, 2023

Written Comments on the Proposal

All written tribal comments received are available in the docket at regulations.gov (Docket ID No. EPA-HQ-OW-2021-0791). EPA will address written comments received directly through the docket in a response to comments document that will accompany the final rule. Written comments not submitted as public comments via the docket will instead be addressed in a tribal consultation summary accompanying the final rule.

Pre-Proposal Tribal Consultation

EPA held a 90-day pre-proposal tribal consultation and coordination period with federally recognized Indian tribes on this action from June 15 to September 13, 2021. This process was conducted in accordance with the EPA Policy on Consultation and Coordination with Indian Tribes.

A summary report of tribal consultation and engagement for this rulemaking is available below.

EPA also held two pre-proposal online national listening sessions for tribal leaders and staff.

Pre-Proposal Written Comments Received

EPA received the following written comments during pre-proposal tribal consultation. All comment letters received in the pre-proposal tribal consultation period are also available in the docket at regulations.gov (Docket ID No. EPA-HQ-OW-2021-0791)

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Last updated on October 8, 2024